Legal Question in Real Estate Law in Florida

Rental property/property management

A mgnt co hired by the owner let a tenant stay in the home and damage it while not paying rent and did not evict them for several months. The mgnt co. did not take responsibility for the damage and billed the owner including the deposit which they told the owner to give back to the tenant to make them leave the home. The owner didn't pay and the mgnt co. is now threatening legal action against the home 1 yr later. Is this legal and what can the owner do?


Asked on 4/01/07, 4:59 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Rental property/property management

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Without reading the management agreement, it would be impossible to give you a viable answer. I strongly suggest that you consult a local attorney who can review the agreement you have with the management company and then answer your questions.

Regardless of the agreement, the management company likely has no right to sue for the return of the deposit. Only the tenant would have a claim.

Scott R. Jay, Esq.

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Answered on 4/01/07, 5:10 pm


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